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HomeMy WebLinkAboutOrdinance 081-18RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 81-18 Form No. 30043 Passed .20 - AN 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.013 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM EDWARDS AVERY ROAD, LLC, LOCATED AT 5300 AVERY ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (the "City's is preparing to construct the Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project'; and WHEREAS, the Project requires that the City obtain a temporary construction easement from the parcel identified as Franklin County parcel number 010-220108, owned by Edwards Avery Road, LLC (the "Grantor', as described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City, through its acquisition agent for the Project, and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $340.00, which is the appraised value of the property interest; and WHEREAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute and accept all necessary documents to acquire a 0. 013 -acre temporary construction easement, from Edwards Avery Road, LLC, for the appraised value of $340.00, said property interest located within the parcel identified as Franklin County parcel number 010-220108, and more fully described and depicted in the attached Exhibits A and B. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance without further legislation being required. Sectio This Ordinance II take effect in accordance with 4.04(b) of the Dublin Revise harte r. Pas this �'� y o JV6 UeIYIbtlll., 2018. Ma or — Presid' g OfficeV ATTEST: Q , Clerk of Council Ordinance 81-18 Office of the City Manager Dublin 5200 Emerald parkway s Dublin, OH 43017-1090 Cit of Dublin Phone: 614,410,4400 o Fax: 614.410,4490 Memo To: Members of Dublin City Council nAl From: Dana L. McDaniel, City Mana Date: October 30, 2018 Initiated By; Paul A, Hammersmith, Director of Engineering Jean -Ellen Willis, PE, Engineering Manager - Transportation Philip K. Hartmann, Assistant Law Director Re: Ordinance Nos. 81.18 through 85.18 Acquisition of Right -of -Way and Easements Tuttle Crossing Boulevard Extension and Avery Road Improvements (13-013-CIP) BACKGROUND The Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project' provides for the extension of Tuttle Crossing Boulevard from its current terminus at Wilcox Road to Avery Road, and includes improvements along Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court, as shown in the attached Figure 1, Project Overview Map, The Project includes the construction of a four -lane boulevard with curb and gutter, shared -use path, sidewalk, street lights, a multi -use tunnel, and landscaping, In the 2019-2023 Capital Improvements Program (CIP), site acquisition is programmed in 2018- 20191 utility relocation is programmed in 2019, and construction and landscaping are programmed in 2020, Currently, the Project is planned to be funded through service payments from the Rings/Frantz Tax Increment Financing (TIF) District and the Thomas/Kohler TIF, an advance from the General Fund, City of Columbus contribution of $2,800,000, private developer contributions of $635,786 and a $7,000,000 grant through the Mid -Ohio Regional Planning Commission (MORPC) attributable funding. However, a gap in funding still exists and the timing of construction is subject to change, The Project requires the acquisition of property interests from multiple property owners on Tuttle Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court, ACQUISITION The City, through its acquisition agent, has come to mutually agreeable terms with multiple property owners in connection with the Project, The property acquisitions from these owners consists of the following property interests from the named property owners, as depicted in the map attached hereto, Property Owner I Property interests Auditor Acquisition Price Parcel ID —.. _ Number Edwards Avery Road, LLC 0,013 acre Temporary 010-220108 $340 (Parcel 13 - I Construction Easement 5300 Avery Rd) Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd Extension and Avery Rd Improvements October 30, 2018 Page 2 of 3 Edmund LM and Donna K. Krohn (Parcel 36 _ 0,007 acre Temporary �� 27000094- � $300 Construction uct on Basement 5508 bra �t�....._M�.;.,:�.. Larry S, Kincaid ....__..._ �.......�.�_._.�...�... 10.036 acre Standard 274.000089 �_ .....:_.�..�;.. $8,431 I: (Parcel 37 - Highway Easement 5509 Cara Ct) j 0,009 acre Temporary Matthew B, Brown Construction Easement 0,126 acre RjW including 27400006._. $9x475 (Parcel - 0,069 acre P,R,O 6228 Rings Rd) 0.023 acre Temporary i W J, Larry Fleck j Construction Easement 0,011 RJW including acre n/a j $300 (Panel 62 - 0,011 acre P,R,O, j Avery Rd) P O, stands for Present Road Occupied, which means that this portion roadway easement of the acquisition is already encumbered with a The details regarding each property acquisition is as follows; Edwards Avery Road LLC: The property is located on the east side of Avery Road, south of Tuttle Crossing Boulevard, at 5300 Avery Road, Dublin, Ohio 43016, The City participated in good faith discussions with Edwards Avery Road LLC, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $340, Edmund L. and Donna K. Krohn; The property is located on the east side of Cara Court, north of Cara Road, at 5508 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Edmund L, and Donna K, Krohn, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $300. Larry S, Kincaid: The property is located on the west side of Cara Court, north of Cara Road, at 5509 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Larry S, Kincaid, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $8,431, Matthew B, Brown: The property is located on the north side of Rings Road, west of Avery Road, at 6228 Rings Rd, Dublin, Ohio 43016, The City participated in good faith discussions with Matthew B, Brown, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $9,475, J. Larry Fleck; The property is located in the roadway at the Avery Road and Cara Road intersection, The parcel is a result of a missed survey split from an earlier acquisition. The entire area is within an easement classified as Present Road Occupied (P.R,O,), This acquisition will convert the easement into permanent right-of-way. The City participated in good faith discussions with J, Larry Fleck, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $300, These Ordinances authorize the City Manager to execute and accept on behalf of the City all necessary conveyance documents to formally acquire the necessary property interests from each property owner, Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd Extension and Avery Rd Improvements October 30, 2018 Page 3 of 3 RECOMMENDATION Staff recommends adoption of Ordinances Nos, 81.18, 82-18, 83-18, 84.18 and 85-18 at the second reading/public hearing on November 19, 2018, as these ordinances authorize the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary property interests described above, _ 22 40k or T L ■ L ■ _IL ■ MOL 0.— R ■ &hf.--E- RT _ I L . ■0 : 3M 01 • NEI I. - r _IS I M ON T • • • • 1 L - � L ■ NO ■ Ir 1 L r 1 1 _ Ir • • 1 JL'_ 1IS + i �� r 111011 1 R • • • • • i 1W 9m IL r Isom u ■ r • ■ i _ MF -E 1 1 _ 1 : SIMON 1 ■ ■ • _ No M win ■ �I.y..■1 ON oil 1 0 Mir ENV *L a MM =Q;.- 0 " - • - - rrM _ ' ' 1. - — _ 1 J Its' mix AM 0 ua.. _ I ■ ■ ■ 1 - mW 0 mks; and� 0 Ell ON ind W; 1 1• _ ■ MP– ■ % 0 ONFEE, 0 1 ■ - '- _ • ■ MW 0 ■0 ME■� t - NO Mal N; IMM ■ 111 III �� �/ ` IS M NE ' on • + 'A _ ` l+ NO in _ - - `1L In on ■ �4� _ 1 it J �i • o� ' . A� 1 • MAW 1 -0 poF .� _ -NO46Nis Ir Od1 L k NEI 1 • ' _ _ FIS IL I ■ ■ - - – am 11 r1i ON somommom� MP - - - -i - ONE Firmmm"'-Ooo"m" - - - - , Lon ■ ■ L ■ • U6 ■ 0 0 ■ MEMIME No ffff 411 0 OWN d _ . _ 1Em r • INim 0 NE AR • - - -10110 Or 0 WWI Lm meow 1 i G 1 t _ 490 4 NOtt � nnu ►uua _ Is .. .. - L • i _ • II J ■ EL r If 11111 ME I x 00 1 ' 1 .�0000 0 IMP ELM Mir 0000 OF- slow swoon MEMO =Jw=M �K ==Now woomm woman aI swoon"MEMO- 1 ■ ■L swoon 1M11- r J' • 1:� i — ' ■ 1 r J :Ew Miss= Mi AL -E r ■ 1 1 I 1._ 7 J r■ - - _ - ■ - + — ■ 1 ,■ Z Al v - ■ ■ ' 0 NI• 1 7 ONE P — • i1 1 – .. r� r■ � 1 1 1 f ■ ■ ' jo ' r_ • - Oil Mi 0 1NO 0 ■ EXHIBIT A Page 1 oft LPA RX 887 T Rev. 07/09 Ver. Date 10/242017 PARCEL 13-T PID 99815 TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO CONSTRUCT A DRIVE AND COMPLETE GRADING FOR 24 MONTHS FROM DATE OF ENTRY BY THE CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO [Surveyor's description of the premises follows] Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia Military Survey Number 3004, and being part of that original 30.000 acre tract described in a deed to Edwards Avery Road, LLC, of record in Instrument Number 201701060003068, all records referenced herein me on file at the Office of the Recorder for Franklin County, Ohio, being a parcel on the right side of the proposed centerline of construction for Avery Road, as delineated on the centerline plat for Tuttle Crossing Boulevand and Avery Road Improvements, of record in Plat Book , Page , said parcel being more particularly bounded and described as follows: BEGINNING at an iron pin set on the existing east right-of-way line for Avery Road, said iron pin being the northeast corner of that 2.507 acre tract described in a deed to City of Columbus, Ohio, or record in Instrument Number 201706160081637, being the southeast comer of that 0.674 acre tract described in a deed to City of Columbus, Ohio, of record in Instrument Number 201703100033684, being the southwest comer of that 2.717 acre tract described in a deed to Gage Crossing II, LLC, of record in Instrument Number 201702220024905, said iron pin being on the north line of said original 30.000 acre tract, and said iron pin being 60.04 feet right of Avery Road proposed centerline of construction Station 107+51.41; Thence North 84 degrees 39 minutes 28 seconds East, along the north line of said original 30.000 acre tract and along the south line of said 2.717 acre tract, a distance of 12.59 feet to a point, said point being 71.58 feet right of Avery Road proposed centerline of construction Station 107+56.01; Thence across said original 30.000 acre tract along the following four (4) described courses: 1. South 21 degrees 00 minutes 40 seconds West, a distance of 38.01 feet to a point, said point being 70.51 feet right of Avery Road proposed centerline of construction Station 107+20.45; EXHIBIT A Page 2 of LPA RX 887 T Rev. 07/09 2. South 09 degrees 50 minutes 53 seconds West, a distance of 45.11 feet to a point, said point being 77.61 feet right of Avery Road proposed centerline of construction Station 106+72.98; 3. North 85 degrees 09 minutes 03 seconds West, a distance of 6.06 feet to a point on the existing east right-of-way line for Avery Road, being on the east line of said 2.507 acre tract, and said point being 71.70 feet right of Avery Road proposed centerline of construction Station 106+71.53; 4. North 10 degrees 44 minutes 47 seconds East, along the existing east right-of-way line for Avery Road, and along the east line of said 2.507 acre tract, a distance of 79.63 feet to the POINT OF BEGINNING for this description. The above described temporary easement contains a total area of 0.013 acres located within Franklin County Auditor's parcel number 010-220108. The bearings described herein are based on Grid North as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Iron pins set are 30" by 5/8" diameter rebar with caps stamped "ASI PS -8438". The above described temporary easement was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on October 24, 2017, is based on an actual survey performed by American Stmcturepoint, Inc., and is true and correct to the best of my knowledge and belief. American Structurepo�int`Incc.. eA/� - Brim P. Iringh%n,PS Registered Professional Surveyor No. 8438 11E OF ••.•�qP,. • . 0,�0 _ BRIAN P. BINGHAM - 9O•• 8438 �'• �� d,9FQISTEP��'J`�O: �'•SZONA LSUP`�• "A629 t Date :■ City of Dublin, Ohio I MEN G 0 10' 20' SCALE: 1"=20' Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 y •LP.S. p Iron pin set w/ Structurepoint–PS 8438" cap 3 PID: 010-297198 Gage Crossing It LLC x PID: 010-218951 I.N. 201702220024905 L City of Columbus, Ohio 2.717 Awes I I.N. 201703100033684 N84"39'28"E 0.674 Acres _o' 12.59' PLS City of Columbus, Ohio I I.N. 201706160081637 JW 2.507 Acres n I a 0 i Basle of bearing: Bearings shown hereon are based on grid north as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and NGS OPUS solution. I hereby certify that: This drawing represents the results of an actual field survey of the premises performed by American Structurepoint. Inc., and is true an" correct to he be t of my knowledgend belief. BBfiian P. Bingh , P.S. No. 8438 Date American Structurepoint, Inc. Pa f0 41 yv PID: 010-220108 Edwards Avery Road LLC I.N. 201701060003068 30.000 Acres (original) a ,`,,"...O C....,"", 5: ,O BRIAN P. HA BINGM a ¢_ 9 : 8438 •O . �tg` FG/STEPS.• J .r"' ONAL Parcel om.,°ex ger I7RIICTUREPOIRf Tuttle Crossing Exhibit "B" 13-T ch:v°° er scs .. Boulevard Ext. 0.013 Ac. Sheet and Avery Road Temporary•; ;;°�°°° Improvements Easement o°'°' '0fL°ft0" 1of1 Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 y •LP.S. p Iron pin set w/ Structurepoint–PS 8438" cap 3 PID: 010-297198 Gage Crossing It LLC x PID: 010-218951 I.N. 201702220024905 L City of Columbus, Ohio 2.717 Awes I I.N. 201703100033684 N84"39'28"E 0.674 Acres _o' 12.59' PLS City of Columbus, Ohio I I.N. 201706160081637 JW 2.507 Acres n I a 0 i Basle of bearing: Bearings shown hereon are based on grid north as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and NGS OPUS solution. I hereby certify that: This drawing represents the results of an actual field survey of the premises performed by American Structurepoint. Inc., and is true an" correct to he be t of my knowledgend belief. BBfiian P. Bingh , P.S. No. 8438 Date American Structurepoint, Inc. Pa f0 41 yv PID: 010-220108 Edwards Avery Road LLC I.N. 201701060003068 30.000 Acres (original) a ,`,,"...O C....,"", 5: ,O BRIAN P. HA BINGM a ¢_ 9 : 8438 •O . �tg` FG/STEPS.• J .r"' ONAL Y. ME �1 ■ - '� ■■ `` k .r 'I k hr - 1 LEGEND City of Dublin Corp Limit Proposed Right -of -Way City of Dublin OHIO, USA . t - �k -vi T -n ■ Permanent Easement PRO Conversion Temporary Easement Channel Easement 03 -013 -CI P WIN - ■ i R NJ IN r J Z - IIff Sewer Easement Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1 ME N